(a) Amount of available funds. Annually, the executive
administrator will determine the amount of funds available for water
system improvements and other projects for the fiscal year.
(b) Principal forgiveness limits. The total amount
of principal forgiveness in any fiscal year may not exceed the percentages
established by federal law or by the capitalization grant.
(c) Project Priority List. Available program funds
will be applied to the list of projects designated to receive funding.
The methods used for ranking include:
(1) Project costs. Project costs will be determined
by cost estimates contained in the project information form if the
executive administrator deems those costs reasonable and acceptable;
the costs will also be reflected in the applicable IUP.
(2) Tie-breakers. If two or more projects receive the
same rating, then the executive administrator will use the tie-breaker
procedures listed in the applicable IUP.
(3) Bypass procedure. The executive administrator may
bypass higher rated and ranked projects if:
(A) an incomplete application is submitted as described
in §371.31 of this title (relating to Timeliness of Application
and Required Application Information); or
(B) a bypass is necessary to fund certain types of
projects as detailed in the applicable IUP or as required by capitalization
grant conditions.
(d) Small water systems. Projects with identical combined
rating scores, including rating scores of zero, will be listed in
order of population. Projects serving smaller populations will be
listed above those projects serving larger populations.
(1) To the extent eligible Applicants are available,
a minimum of 15 percent of the funds will be made available to small
water systems.
(2) If small community projects listed in priority
order on the Invited Projects List are less than 15 percent, then
the executive administrator may bypass projects for systems serving
larger populations to ensure inclusion of small water systems projects
for at least 15 percent of available funds.
(e) Projects submitted for financing will be screened
for eligibility, scored, ranked, and listed on a Project Priority
List. Applicants with projects on the Initial Invited Projects List
will be invited to submit applications in accordance with the procedures
and deadlines as detailed in the applicable IUP. The project selection
is subject to subsections (a) - (d) of this section. The Project Priority
List will be reviewed periodically and additional invitations will
be extended until all of the annual DWSRF funding amount is committed.
(f) Utilization of remaining funds. If there are insufficient
applications for financial assistance to obligate available funds
for the funding year, then the executive administrator shall utilize
the remaining funds during the next funding year or at any time in
combination with other Board financial assistance programs.
(g) Fund shortages. When the amount of funds required
to fund all complete applications for financial assistance exceeds
the amount of funds available in the funding year, a shortage of funds
exists. In such an instance, the Board will fund Applicants until
all funds have been utilized. The Board shall fund projects prioritized
by the date and time of receipt of a complete application and the
project's ability to proceed to commitment.
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Source Note: The provisions of this §371.23 adopted to be effective August 4, 2010, 35 TexReg 6680; amended to be effective July 30, 2012, 37 TexReg 5602; amended to be effective July 4, 2016, 41 TexReg 4844 |